Missouri Revised Statutes

Mo. Rev. Stat. § 454.496 (2026)

Motion to modify order, review

✓ current as of May 2026

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454.496. Motion to modify order, review — form of motion, service, procedure — effective, when — venue for judicial review of administrative order, procedure. — 1. At any time after the entry of a court order for child support in a case in which support rights have been assigned to the state pursuant to section 208.040, or a case in which support enforcement services are being provided pursuant to section 454.425, the obligated parent, the obligee or the family support division may file a motion to modify the existing child support order pursuant to this section, if a review has first been completed by the director of the family support division under subdivision (13) of subsection 2 of section 454.400. The motion shall be in writing in a form prescribed by the director, shall set out the reasons for modification and shall state the telephone number and address of the moving party. The motion shall be served in the same manner provided for in subsection 5 of section 454.465 upon the obligated parent, the obligee and the division, as appropriate. In addition, if the support rights are held by the family support division on behalf of the state, the moving party shall mail a true copy of the motion by certified mail to the person having custody of the dependent child at the last known address of that person. The party against whom the motion is made shall have thirty days either to resolve the matter by stipulated agreement or to serve the moving party and the director, as appropriate, by regular mail with a written response setting forth any objections to the motion and a request for hearing. When requested, the hearing shall be conducted pursuant to section 454.475 by hearing officers designated by the department of social services. In such proceedings, the hearing officers shall have the authority granted to the director pursuant to subsection 6 of section 454.465.

2. When no objections and request for hearing have been served within thirty days, the director, upon proof of service, shall enter an order granting the relief sought. Copies of the order shall be mailed to the parties within fourteen days of issuance.

3. A motion to modify made pursuant to this section shall not stay the director from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

4. The only support payments which may be modified are payments accruing subsequent to the service of the motion upon all parties to the motion.

5. The party requesting modification shall have the burden of proving that a modification is appropriate pursuant to the provisions of section 452.370.

6. Notwithstanding the provisions of section 454.490 to the contrary, an administrative order modifying a court order is not effective until the administrative order is filed with and approved by the court that entered the court order. The court may approve the administrative order if no party affected by the decision has filed a petition for judicial review pursuant to sections 536.100 to 536.140. After the thirty-day time period for filing a petition of judicial review pursuant to chapter 536 has passed, the court shall render its decision within fifteen days. If the court finds the administrative order should be approved, the court shall make a written finding on the record that the order complies with section 452.340 and applicable supreme court rules and approve the order. If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo.

7. If a petition for judicial review is filed, the court shall review all pleadings and the administrative record, as defined in section 536.130, pursuant to section 536.140. After such review, the court shall determine if the administrative order complies with section 452.340 and applicable supreme court rules. If it so determines, the court shall make a written finding on the record that the order complies with section 452.340 and applicable supreme court rules and approve the order or, if after review pursuant to section 536.140 the court finds that the administrative order does not comply with supreme court rule 88.01, the court may select any of the remedies set forth in subsection 5 of section 536.140. The court shall notify the parties and the division of any setting pursuant to this section.

8. Notwithstanding the venue provisions of chapter 536 to the contrary, for the filing of petitions for judicial review of final agency decisions and contested cases, the venue for the filing of a petition for judicial review contesting an administrative order entered pursuant to this section modifying a judicial order shall be in the court which entered the judicial order. In such cases in which a petition for judicial review has been filed, the court shall consider the matters raised in the petition and determine if the administrative order complies with section 452.340 and applicable supreme court rules. If the court finds that the administrative order should not be approved, the court shall set the matter for trial de novo. The court shall notify the parties and the division of the setting of such proceeding. If the court determines that the matters raised in the petition are without merit and that the administrative order complies with the provisions of section 452.340 and applicable supreme court rules, the court shall approve the order.

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(L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 2007 S.B. 25, A.L. 2014 H.B. 1299 Revision)

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1996–2024 · leading case: Marriage of Chastain v. Chastain, 932 S.W.2d 396 (Mo. 1996).

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Marriage of Chastain v. Chastain, 932 S.W.2d 396 (Mo. 1996). · cites it 21× ““in such manner and by such court as the supreme court by rule shall direct” 3 prohibit the General Assembly from authorizing the Division of Child Support Enforcement from initiating a process to modify judicial child support orders? We hold that the authority placed in the…”

Lewis v. Dep't of Soc. Servs., 61 S.W.3d 248 (Mo. Ct. App. 2001). · cites it 10× “He argues that the administrative procedure by which the Division initiates a modification of a prior child support order “renders every final order of the courts unfinal, usurps the judiciary’s responsibility to determine the law of the case and to review independently the acts…”

Hansen v. State, Dep't of Soc. Servs., Fam. Support Div., 226 S.W.3d 137 (Mo. 2007). · cites it 35× “Sherrie Hansen petitions this Court to prohibit the Missouri Department of Social Services, Family Support Division (“Division”) from proceeding -with its motion under section 454.496, RSMo 2000, 1 to administratively modify Ms.”

Shockley v. Dir., Div. of Child Support Enf't, Missouri Dep't of Soc. Servs., 980 S.W.2d 173 (Mo. Ct. App. 1998). · cites it 13× “On January 18, 1996 the division filed a Motion for Modification of Child Support Order pursuant to Section 454.496 RSMo (1994). The division submitted the Dunklin County judgment into evidence at the hearing.”

Kubley v. Brooks, 141 S.W.3d 21 (Mo. 2004). · cites it 4× “If, however, a "court order" has been previously issued, then section 454.496 requires DCSE to move to modify that order in the trial court that entered it in order to change the court-ordered support.”

State, Dep't of Soc. Servs., Div. of Child Support Enf't v. Houston, 989 S.W.2d 950 (Mo. 1999). · cites it 11× “496 refer to section 454.496, RSMo 1994, which became effective July 1, 1994.”

Washington v. Jones, 154 S.W.3d 346 (Mo. Ct. App. 2004). · cites it 6× “In 1997, the Division initiated an administrative procedure to modify the dissolution judgment pursuant to Section 454.496. 3 In support of its motion for modification, the Division created a proposed Form 14 calculation, listing Father’s income at $3,096 per month and finding…”

State, Dep't of Soc. Servs. v. Stipancich, 238 S.W.3d 224 (Mo. Ct. App. 2007). · cites it 13× “The State of Missouri initiated the modification procedure pursuant to Section 454.496 RSMo. at the request of [Howard;] however, the State did not file the motion to review and approve as attorney for [Howard].”

Minx v. State Dep't of Soc. Servs., Div. of Child Support Enf't, 945 S.W.2d 453 (Mo. Ct. App. 1997). · cites it 3× “8 Division also makes some general assertions that there is no specific requirement that the filing of an administrative order be signed by an attorney and that no purpose would be served by such a requirement.”

Hansen v. State, Dept. of Soc. Serv., 226 S.W.3d 137 (Mo. 2007). · cites it 35× “Sherrie Hansen petitions this Court to prohibit the Missouri Department of Social Services, Family Support Division ("Division") from proceeding with its motion under section 454.496, RSMo 2000, [1] to administratively modify Ms.”

Wilson v. Nenninger, 561 S.W.3d 804 (Mo. Ct. App. 2018). · cites it 2× “Section 454.496 sets forth the procedure to *811 modify the child support obligation where a judicial order exists.”

State of Missouri, Dep't of Soc. Servs., Fam. Support Div. v. Kenneth Schauer, 503 S.W.3d 272 (Mo. Ct. App. 2016). “Sehauer, the Family Support Division (“the Division”) began the child support modification procedures outlined in sections 454.496 and 452.370, 1 which resulted in an administrative hearing on September 28, 2010.”

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